REGISTER OF COPYRIGHTS · L.C. Card No. 10-35017 This report is reprinted from the Annu Report of the ~ibra;-ian of Congres8 for the fiscal year ending June 30, 1961

SIXTY -FOURTH

ANNUAL REPORT OF THE

REGISTER OF COPYRIGHTS

FOR THE FISCAL YEAR ENDING JUNE 30, 1961

COPYRIGHT OFFICE

T h e L i b r a r y of C o n g r e s s

WASHINGTON : 1962

L.C. Card No. 10-35017

This report is reprinted from the A n n u Report of the ~ibra;-ian of Congres8

for the fiscal year ending June 30, 1961

Contents Page

Arthur Fisher . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 Appointments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 1 The Year's Copyright Business . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2 .

..................................................... Official Publications 2 Copyright Contributions to the Library . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3 Administrative Developments ............................................. 3 Creative Period and Longevity, Chart . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 4 LegalDevelopmen ts ..................................................... 5

General Revision of the Law .......................................... 5 Legislation . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 Copyrightcases . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 6 '

. . . International Developments . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Universal Copyright Convention ....................................... 9 ' Design Protection . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 9 Neighboring Rights .................................................. 9

..................................... Registration by Subject Matter Classes 10 Statement of Gross Cash Receipts, Yearly Fees, Number of Registrations, etc .... 10

............................................ Number of Articles Deposited 11 ........................... Summary of Copyright Business, Fiscal Year 1961 12

....................................... Publications of the Copyright Office 13

The Copyrzght Ofice

Report to the Librarian of Congress by the Register of Copyrights

Arthur Fisher Arthur Fisher, the fifth Register of Copy-

rights, died on November 12, 1960, after a term in office of nearly 10 years. Mr. Fisher came to the Copyright Office in 1946 as Associate Register, and he was appointed Register in 1951. His years as Register represented a particularly vital era in the history of United States copyright.

Mr. Fisher's record of solid achievement in the development and administration of the copyright law has rarely been equaled. He was the principal architect of the Uni- versal Copyright Convention, leading a long and determined drive which for the first time made the United States an adherent of a worldwide copyright agreement. He was vitally interested in international copyright relations, and he became a sym- bol of the new role played by the United States in this field.

After ratification of the Convention, Mr. Fisher turned his efforts almost imme- diately to the general revision of the United States copyright law. He recognized at the outset the need for a sound foundation on which to build the revision program, and he lived to see the completion of a series of studies covering nearly every issue presented by the revision of the law and the beginning of their publication as Com- mittee Prints of the Senate Judiciary Com- mittee. And, although the Report of the Register of Copyrights on the General Revision of the U.S. Copyright Law (referred to hereafter as Report on General

Revision) was issued after his death, it is the direct result of Mr. Fisher's vision and of the careful groundwork he laid.

Though he knew of his illness for more than a year before his death, it was alto- gether characteristic of Arthur Fisher that he continued his work toward improve- ment of the copyright law to the very end. His courage was memorable, and his ac- complishments, even in the last few months of his life, were real and lasting. A public servant in the true sense of the phrase, he was "in league with the future!'

Appointments Effective December 24, 1960, Abraham

L. Kaminstein, who served as Acting Reg- ister of Copyrights following the death of Arthur Fisher, was appointed Register of Copyrights by the Librarian of Congress. Mr. Kaminstein joined the staff of the Copyright Office on July 31,1947, as Chief of the Examining Division. For a year prior to his appointment as Register he had held, in addition, the post of Deputy Register. George D. Cary, General Coun- sel of the Copyright Office, was promoted to Deputy Register and became second in command. Abe A. Goldman, Chief of Research and editor-in-chief of the studies leading to the report on copyright law revision, took Mr. Cary's place as General Counsel of the Copyright Office. Barbara Ringer, Assistant Chief of the Examining Division since 1956, was promoted to Chief of that division, and Waldo H. Moore took her former position.

REPORT OF T H E REGISTER OF COPYRIGHTS, 196 1

The Year's Copyright Business Yearly registrations continued to climb

slowly toward the quarter-million mark. For fiscal 1961, they totaled 247,014, a rise of 3,088 over 1960. There was a con- tinuation of last year's substantial increases in the books, periodicals, and "art" cate- gories, and a leveling-off in music. The number of registrations of commercial prints and labels continued to decline, but there were surprising increases in foreign registrations, and a 35 percent increase in motion pictures. The tables presented at the end of this copyright report give de- tailed figures.

The year's increase in registrations was nearly 3 percent, this was counting a 15 percent decrease in renewal registrations, the result of the corresponding decrease in original registrations 28 years previously. The recordation of assignments continued to decline somewhat, but notices of use showed an increase of over 40 percent, probably the result of the Norbay decision mentioned below.

The large majority of applications (86.85 percent) were registered upon re- ceipt, but slightly over 10 percent required correspondence before registration could be completed, and 2.28 percent were re- jected. Fees earned for registrations and related s e ~ c e s during fiscal 1961 amounted to $1,009,679.04, which represented both an increase of $35,566.01 over fiscal 1960 and the first time the annual earned fee total passed the million-dollar mark. Counting a small balance from fiscal 1960 receipts, $1,012,23 1.30 was turned over to the Treasury in 196 1.

The Cataloging Division of the Copy- right Office achieved a new peak of production during fiscal 1961, ~roducing and distributing slightly more than 1% million cards containing catalog entries for 272,- 201 works. More than 566,000 a rds were added to the Copyright Card aata- log, some 656,000 served as copy for the printed Catalog of Copyright Entries, 234,000 were sent to the subscribers to the Cooperative Card Services, and roughly 70,000 were prepared for Library divisions

processing or having custody of music, maps, and motion pictures.

The number of requests received for searches indicated a greater interest in copyright facts than in any previous year. Search fees increased 47 percent as com- pared with fiscal 1960, reaching a new high. The Reference Search Section re- ported on 9,837 inquiries involving 50,081 titles, an increase of 16 percent in the number of titles searched. The number of emergency requests for reports needed in court actions continued to rise.

Some 250 special registrations were made between June 15, 1960, and June 15, 1961, under the Austrian Extension-of-Time Proclamation. This Presidential proclamation granted citizens of Austria the privilege of registering claims that would ordinarily have been registrable between March 13, 1938, and July 27, 1956-that is, between the time of Hitler's Anschluss and the withdrawal of all occupation troops from Austria.

The 10 millionth copyright registration, since the establishment of the Copyright Office as a separate department of the Library of Congress in 1897, was made on November 18, 1960. I t took nearly 64 years to reach this figure. At the current rate, registrations should reach 20 million in just about half that time, and changes in the law could easily accelerate the rate of growth.

0 ficial Publications The fourth of the Copyright Office's

series of cumulative catalogs of motion picture registrations, Motion Pictures; 1950- 1959, was completed and published during the year. A record of current copyright registrations published as the Catalog of Copyright Entries was compiled and forwarded for printing on schedule. The third revised edition of the brochure, entitled The Copyright Of ice of the United States of America, What It Is and What It Does was ready for distribution in early June, and copy for the latest volume of Decisions of the United States Courts In- volving Copyright, 1959-1960 (Bulletin 32), was completed late in the fiscal year

REPORT OF T H E REGISTER OF COPYRIG H T S , 1 9 6 1 3

for publication in the fall of 1961. The Office coritinued its editorial cooperation in the UNESCO-sponsored Copyright Laws and Treaties of the World, with the publication of the fourth Supplement.

Copyright Contributions to the Library

In addition to the bulk transfers in various classes from deposits of previous years, 226,347 articles deposited for copyright during fiscal 1961 were transferred to the Library for its collections or for use in exchange. This figure represents an increase of 12,330 articles over last year. As usual, these transfers consisted mainly of books, periodicals, maps, and published music.

The efforts of the Copyright Office to secure compliance with the registration and deposit requirements of the law accounted for 12,852 registrations during the year. In response to 570 requests for compliance action from the various divisions of the Library, searches were made and correspondence entered into with publish- e n and other copyright claimants, resulting in 675 registrations and the deposit of 1,350 copies of works.

During the year the Office received and registered its first deposit of videotape- a full-length production of the Gian Carlo Menotti opera, The Consul, reproduced on tape for use in a pay-TV experiment in Toronto, Canada. The copies consisted of three 12-inch reels of tape, each 2 inches wide, and weighing about 21 pounds. This work, and later videotapes registered, will become available for selection by the Library for its collections.

Administrative Developments The promotions resulting from Mr.

Fisher's death, together with several retire- ments, brought about an unusually large number of changes in the administrative and supervisory staff of the Copyright Of- fice. In addition, much of the time and effort of the policy-making personnel of the Office throughout the year was devoted to completing and issuing the Regis- ter's Report on General Revision. The submission of the Report alone would have

made this a memorable year for the Copy- right Office. That so much more was ac- complished is eloquent tribute to the work of a dedicated staff.

An important change in the organiza- tion of the Service Division involving the consolidation of four sections into three and a reassignment or combination of several units, took place during the year. The result has been a centralization of operations, increased flexibility of man- power, and improved supervision. In the Cataloging Division the focal point of ad- ministratiie planning and action was a special testing program designed to meas- ure the performance of individual cata- logers and revisers and the effectiveness of current training methods. The need for a com~lete revision of the division's cataloging rules was also given thorough consideration, and an active program to accomplish this result was begun.

As the result of a study made in fiscal 1960, 252 reels of negative microfilm, covering records made during the period between 1870 and July 1953, were forwarded to the Library's Photoduplication Service to be copied on positive microfilm. The Office now has on positive film all assignments recorded from 1870 to date, and the program is a continuing one. Fiscal 196 1 also saw the development and approval of a ~ l a n to use manifold carbon sets in the preparation of the assignment index cards and certification forms.

Separate surveys were made of authors, composers of serious music, and songwriters to obtain information umn which to base. the length of the copyright term proposed in the Report on General Revision. The results of these surveys, which were included in the Report, show that songwriters die at an earlier age, have a shorter creative period, and reach the mid-point of their creativity earlier than authors and composers of serious music. Despite these differences, the number of years from the songwriters' mid-career to death is nearly the same as that for authors and serious compose~abou t 20 years. On the basis of this figure, it might be assumed that a copyright tenn of 70 years after first pub-

REPORT O F T H E REGISTER O F COPYRIGHTS, 1 9 6 1

Chart l l lus l ra t lng

The Average

C r e a t i v e Per iod and L o n g e v i t y

of

Authors, Composars . and Songwriters Age i n Years

Authors

Classical Composars

First Work Mid-Careor Last Work Oiod (Pr lnc lpa l ) ( P r l n e l p r l )

. - . - *.**

Popular Songwriters

20.5

0 ''. . <

Average of All Groups

Source: Copyright Offloe mrvey, June 20. 1981. AUTHORS: 675 authors r h o wmte In English .nd dlod between I930 sad l96L Found In: TWENTIETH CENTURY AUTIlORS. edited by S b P l q J. Kunltz (194'2)~ 1860 b l ~ ~ . p b i e ~ TWENTIETH CENTURY AUTHORS r FIRBT SUPPLEMENT (1955). 700 blosaphlea COMPOSERS: 8 1 o o w o a a a wlro died dnw IBM) sad found In: AMERICAN COMPOSERS TODAY by Cavld Eren, COMPOSERS IN AMERICA by Claim Hela, ~d RAKER'S BIOGRAPHICAL DICnONARY OF MUSICIANS. IIONOWRI'TERS 928 songwriters who mntrlbuted to the popular .songs Included In VARIETY MUBlC CAVALCADE by Jullua Mattfeld (195'2) during the period 1900 la 1960. Obltu,aries found In: VARIETY (lea0 to 1950) cad TltE ASCAP BlOGHAPtlICAL EICTIONAHY OF COMPOSERS. AUT!IORS AND PUBLISHERS.

REPORT OF T H E REGISTER OF COPYRIGHTS, 1 9 6 1 5

lication would approximate, on the average, a term of 50 years after the author's death. (See chart on page 4.)

Two notable ad*&trative problems that arose during the vear involved the deposit of videotipe and of artificial flowers. For some while the Office had been anticipating the deposit of material reproduced on videotape, and considerable thought and time had been given to the attendant problems of copyrightability, ac- quisitions, publication, and the physical difficulties of examining, handling, and storing the tape. With the policy decisions made. the a~~l ica t ions when received were . . processed with a minimum of time and effort. Even though videotape deposits have now been acce~ted. the Office still . z ~ ~ maintains its policy of refusing registration for audiotape, phonograph disks, and other recordings consisting entirely of sound. The reasons behind this distinction were --. analyzed and considered in the Report on General Revision.

Thanks to the development of improved processes of manufacture, artificial flowers made of plastics are enjoying great popu- larity. Many are manufactured abroad and are imported into the United States in great quantities. Certain firms have sought to use the statutory provisions pro- hibiting the importation of piratical copies to prevent competing works from being imported. This has resulted, among other things, in a general defensive move in the artificial-flower industry to secure certifi- cates of copyright registration for as many designs as possible. The number of deposits in this field has therefore increased spectacularly.

Legal Developments GENERAL REVISION OF THE LAW

\

bution to scholarship in the copyright field. All of the studies, together with a com-

prehensive subject index, have been printed by the Subcommittee on Patents, Trade- marks, and Copyrights of the Senate Judi- ciary Committee in a series of 12 Commit- tee Prints. They were circulated to Gov- ernment specialists and made available to the public by the Government Printing Office. Interested persons were invited to submit comments on the issues presented in the studies.

Following completion of the studies, the Register and the staff of the Copyright Office devoted a great deal of time to an analysis of the problems involved in revision of the law and of the alternative solutions possible. This analysis, based on the studies and the comments received, was incorporated in a draft report containing the tentative recommendations of the Office for revision of the law. The draft r e~or t was circulated to an Advisory Panel of specialists for their comments. The draft was then revised, and the Report of the Register of Copyrights on the General Re- vision of the U.S. Copyright Law was submitted to Congress on July 10, 1961.

The Report marks a milestone in the program for revision of the law. I t sum- marizes the substance of the studies re- garding the present law and the problems to be considered in writing a new law, analyzes the possible solutions for these problems, and presents recommendations. The Preface states: 'This reDort is a summary of our analysis and preliminary con- clusions. Although it npresents our best thinking at the present time, it is not in- tended as the final word on any particular problem or on the revision program as a whole. Our purpose in issuing this report is to pinpoint the issues and to stimulate

The last group of the 34 studies that were publid discussion, so that the widest pos-

prepared under an authorization by Con- sible agreement can be reached On the

gress as the groundwork for a general principles to be incorporated in a revised sion of the copyright law was completed statute-'' during fiscal 1961. These studies now con- The Report has been printed by the stitute an authoritative collection for the House Committee on the Judiciary and is history and interpretation of the law, and being circulated widely for comments and they have been hailed as a leading contri- suggestions. Plans are being made for a

6 REPORT OF T H E REGISTER OF COPYRIGHTS, 1 9 6 I

series of meetings with copyright specialists, attorneys, industry and Govern- ment representatives, and other groups concerned. Views expressed at meetings and comments received will be considered in the drafting of a bill for a new copyright law.

LEGISLATION

Last year's annual report on the Copy- right Office referred to the bills then pending in Congress for the protection of ornamental designs of useful articles and to the hearings held on two of these bills by the Subcommittee on Patents, Trade- marks and Copyrights of the Senate Judi- ciary Committee. Mention was made of the conflict between the O'Mahoney (S. 2075) and Talmadge (S. 2852) bills as to the status of a copyrighted work of art that is later applied to a useful article. This problem received consideration and discussion at the meetings of the Patent, Trademark and Copyright Law Section of the American Bar Association at its general meeting, held in Washington in late August 1960, and it was agreed that ways should be found to reconcile the two differ- ent approaches before further bills were introduced.

The Office participated in redrafting the design bill, in cooperation with the Coordi- nating Committee of the National Council of Patent Law Associations, under the chairmanship of Judge Giles Rich. As a result of consultations with the proponents of 'both the O'Mahoney and Talmadge bills, a new bill was drafted which has apparently resolved the differences brought to light in the earlier hearings. This new draft was introduced in the form of identical bills in the House on May 3, 1961, by Representatives John James Flynt, Jr. (H.R. 6776) and Gerald R. Ford, Jr. (H.R. 6777), and in the Senate on May 16, 1961, by Senator Philip A. Hart for himself, Sen- ator Alexander Wiley, and Senator Her- man E. Talmadge (S. 1884). The con- certed action by the legislators who had sponsored conflicting bills in the preceding Congress was an indication that the earlier points of view had been reconciled, thus

smoothing the way for consideration by the Congress. Shortly after the close of the fiscal year (August 15-1 7, 1961 ) hearings were held with the Register and Deputy Register testifying.

Aside from the design bills, there was relatively little legislative action in the copyright field during the year. Repre- sentative Emanuel Celler again introduced a bill to repeal the jukebox exemption now contained in section l(e) of the law. By the close of the fiscal year no action had been taken on the Celler bill, H.R. 70, which is identical with H.R. 5921 of the 86th Congress.

Two identical bills H.R. 6354, introduced by Representative Celler on April 17, 1961, and S. 2341, introduced by Sena- tor J. W. Fulbright on July 3 1, 196 1, were aimed in general at combating "record piracy." These bills would impose crimi- nal penalties for the transportation in com- merce of phonograph records bearing wun- terfeit labels and for transporting or receiving the unauthorized sound recordings themselves. They would also enlarge the civil remedies available to the owner of the copyrighted music embodied in the recordings. No action was taken on either bill.

COPYRIGHT CASES

On March 6, 1961, the only action in the nature of mandamus still pending against the Register, Dodge, Inc. v. Fisher (D.D.C. Civil Action No. 142659), was withdrawn with prejudice by the plaintiff. The case involved the refusal by the Office to make registration for two metallic col- umns used as trophy bases on the ground that they did not constitute copyrightable matter.

The most publicized copyright case of the year, and probably the most important, was Public Affairs Associates, Inc. v. Rickover, 248 F. 2d 262 (D.C. Cir. 1960), cert. granted, 365 U.S. 841 (1961 ) . In its decision the Circuit Court of Appeals for the District of Columbia held that works writ- ten by a Government official on his own initiative may be copyrighted even if they deal with matters of official concern, un- less "they are statements called for by his

REPORT OF T H E REGISTER OF COPYR

official duties or explanations as guides for official action:"

In the coune of its opinion, the court raised some additional questions by imply- ing that the term "publications of the United States Govenunent" should be de- fined as "publications commissioned or printed at the cost and direction of the United States." On the other main point of the case, the court held that copyright was lost by distribution of copies in the form of press releases without a copyright notice; since the group receiving the copies was not limited in any way, the publication was "general" rather than "limited." Argument on the case has been scheduled for the fall session of the Supreme Court.

Two decisions of the Second Circuit Court of Appeals dealt with the position of the copyright notice. ,The first, Ideal Toy Corp. v. 1-Cey Doll Co., 290 F . 2d 710 ( 196 1 ) , reached the conclusion that the copyright notice on an uncopyrightable feature of a doll will not invalidate protection for a copyrightable feature that bears its own notice. The second, Coven- try Ware, Znc. v. Reliance Picture Frame Co., 288 F. 2d 193 (1961), held that a notice appearing on a label permanently affixed to the back of a framed work of art complies with the requirements of the law. A petition for certiorari in the Coventry Ware, Znc. case was filed with the Supreme Court, 29 U.S.L. Week 3360 (May 20,1961 ) . The petition was denied on October 9, 1961 (30 U.S.L. Week 3112).

In the field of designs, perhaps the most significant case of the current year was Societe Comptoir V. Alexandefs Depart- ment Stores, Znc., 190 F. Supp. 594 (S.D.N.Y. 1961 ) , an unfair-competition and trademark-infringement action by a group of French dress designers against a New York department store for using the name "Dior" in connection with the sale of unauthorized copies of dresses from this famous fashion house. The court stated that "defendant has an indubitable right to copy plaintiffs models and sell the copies," and held that defendant may also use plaintiff's name in connection with the

LIGHTS, 196 1 7

copies so long as no misrepresentation is involved.

In two related cases involving designs, Fabrex Corp. v. Scarves by Vera, Znc., 129 U.S.P.Q. 392 (S.D.N.Y. 1961), and Scarves by Vera, Znc. V. Fabrex Corp., 129 U.S.P.Q. 395 (S.D.N.Y. 1961), the court upheld a 'notice reading merely "Vera @" on the ground that the name "Vera" had been prominently and commonly used as an abbreviation of the full name of the copyright owner, and therefore disclosed its identity. The court also remarked that clearance of a design by the Design Regis- tration Bureau of the Textile Distributors Institute was of no significance in deter- mining questions of copyright infringement. In Scarves by Vera, Inc. v. Amer- ican Handbags, Inc., 188 F . Supp. 255 (S.D.N.Y. 1960), the court held, among , other things, that a manufacturer may incorporate in his handbags, without per- mission, plaintiff's scarves bearing copyrighted designs "so long as plaintiff is not identified with manufacture of the hand- bag." The decision in this case, and that in Peter Pan Fabrics, Znc. v. Dixon Textile Corp., 188 F . Supp. 235 (S.D.N.Y. 1960), also lend support to the concept that notices appearing on detachable tags or labels are invalid.

Several cases during the year dealt with the nature of copyrightable matter, and the related problem of the amount of "new mattery' necessary to support copyright in revised versions. In Desclee &? Cie V. Nemmers, 190 F. Supp. 381 (E.D. Wis. 1961 ) , an unfair-competition action involving collections of Gregorian chants, the court held that the remedies against unfair competition do not duplicate those available under the copyright law. It indicated that, although the typography of published musical works is not subject to protection, rhythmic annotations showing the manner of performance would be copyrightable, and thus, in the absence of misrepresentation, could not be protected on the theory of unfair competition. In OYBrien v. Thall, 283 F. 2d 741 (1960), an infringement action involving musical settings of the Gettysburg Address, the Second Circuit

8 REPORT OF T H E REGISTER OF COPYRIGHTS, 19 6 1

Court of Appeals held not only that the text of the address was free for anyone to use, but that the "natural rhythm of the words in which its thoughts are articulated" is also in the public domain.

The Ninth Circuit Court of Appeals, in Hayden v. Chalfont Press, Znc., 281 F. 2d 543 (1960), held that names given to geographical locations by a mapmaker are not protected by copyright in his map. Noble v. D. V a n Nostrand Co., 128 U.S.P.Q. 100 (N.J. Super. Ct., Ch. Div. 1960), involved a case in which two authors had jointly undertaken research for a book. The State Court held that the aggregate compilation of their research was subject to protection even though never reduced to manuscript form and that as coownen the authors could each use the material without the other's consent, subject to a duty to account for any profits.

In a case involving a plan for pooling bets on hone races, Briggs v. New Hamp- shire Trotting and Breeding Assn., Znc., 191 F . Supp. 234 (D.N.H. 1960), the court upheld the principle that there is "no protection by copyright to games, or similar systems, as distinguished from publications describing them," but expressed the view that "if the copyright law can protect dramas, . . . there is no reason why it cannot protect certain forms of public presentations in the form of games or sports involving activity rather than mere words."

The important infringement decision in Bradbury v. C.B.S., 287 F. 2d 478 (9th Cir. 1961), seems to go rather far in ex- tending copyright protection to a general theme and elements of plot and character, as distinguished from their actual literary expression. A petition for certiorari was filed with the Supreme Court near the end of the fiscal year, 30 U.S.L. Week 3031 (June 26, 1961), but the case was later settled and the appeal dismissed, 368 U.S. (1961).

In Brecht v. Bentley, 185 F. Supp. 890 (S.D.N.Y. 1960), involving a dispute over dramatic rights in Bertold Brecht's Mother Courage, the court held that since a translation is a "new work" in the copy-

right sense, it need bear only the date of publication of the translation in the notice. The case also holds that the section of the copyright law stating that copyright may be bequeathed by will must be read to include intestate succession.

The perplexing renewal provision continued to be litigated. The most important decision in this field during the year, Sweet Music, Znc. v. Melrose Music Corp., 189 F. Supp. 655 (S.D.Ca1. 1960), involved a situation in which an assignment of renewal rights had been made by both coauthors of a song, one of whom died before the renewal year. The court held that the remaining coauthor was still bound by this assignment and that his as- signee was therefore entitled to an un- divided half interest in the renewal. An- other case, Ross Jungnickel, Znc. v. Joy Music, Znc., 129 U.S.P.Q. 373 (N.Y. Sup. Ct. 1961), attempted a further clarifica- tion of the famous DeSylua decision, 351 U.S. 570 (1956), by holding that although the meaning of the word "children" in the renewal clause depends on an interpretation of State law, the Federal courts have exclusive jurisdiction to decide the question.

The provisions of the statute dealing with mechanical rights in musical compositions were construed in several cases. The most important decision was that of the Second Circuit Court of Appeals in Nor- bay Music, Znc. v. King Records, Znc., 290 F. 2d 617 (1961), holding that delay in filing a notice of use results in loss of rights with respect to infringing records made before the notice was filed, but that action is not barred as to records made after filing the notice. The same court, in Reeve Music CO. V. Crest Records, Znc., 285 F. 2d 546 (1960), held that two affiliated cor- porations, one producing the "master stamper" and the other pressing records from it, together were engaged in the "manufacture" of infringing disks, and hence could be enjoined under the compulsory license provisions. In A.B.C. Music Corp. v. Janov, 186 F. Supp. 443 (S.D. Cal. 1960), the court held that triple damages may be awarded under the compulsory

REPORT OF THE REGISTER OF COPYRIGHTS, 19 6 1 9

license provisions, even where no "piracy" of the Copyright Office, served as the or "willfulness" is involved. United States representative to the Inter-

A decision of considerable interest to the governmental Copyright Committee. copyright bar was Sam Fox Publishing Co. v. United States, 366 U.S. 683 ( 1961 ), in which the Supreme Court dismissed on jurisdictional grounds an appeal by three music-publisher members of American So- ciety of Composers, Authors, and Publish- ers. The plaintiffs were seeking to inter- vene in a proceeding to modify the ASCAP Consent Decree on the ground that the proposed modifications did not go far enough in improving the position of small publishers.

The case of United States v. Florida M,agazines (S.D. Fla. Civil Action No. 3930, Jan. 13, 1961), represents one of the relatively rare instances of refusal to com- ply with the demand by the Register under section 14 of the copyright law, followed by an action against a recalcitrant claimant. In that case the defendant suffered a de- fault judgment of $300 for failure to make the required registrations.

International Developments UNIVERSAL COPYRIGHT CONVENTION

Two more countries, Nicaragua and Sweden, have deposited their instruments of ratification of the Universal Copyright Convention, raising to 37 the number of countries which have adhered to the Con- vention since its coming into force in 1955. UNESCO was notified by Belgium that the Universal Copyright Convention and Pro- tocoIs apply to the Trust Territory of Ruanda-Urundi under Article XIII, of the Convention.

The four Scandinavian countries, Den- mark, Finland, Norway, and Sweden, adopted entirely new copyright laws in 1960. Other countries are in the process of drafting new laws, and several revision reports have recommended adherence to the UCC.

The fifth session of the Intergovernmen- tal Copyright Committee, established under the UCC, and the ninth session of the Per- manent Committee of the Berne Copyright Union, were held jointly in London in the fall of 1960. Arpad Bogsch, Legal Advisor

. -

DESIGN PROTECTION

In the design area, the most important international development of the year was the adoption, by a diplomatic conference held in November 1960, of a new, revised version of the Agreement of the Hague Concerning the International Deposit of Industrial Designs. The conference was attended by representatives of 27 countries. The United States delegation consisted of officers of the Copyright Office (Arpad Bogsch), the Patent Office (P. J. Fed- erico), and the Department of State (Harvey Winter) . The agreement fol- lows the principles of the draft described in d m e detail in last year's report.

The revised agreement will enter into force after 10 countries, including at least 4 that are not participants in either of the earlier versions of the agreement, have deposited their instruments of ratification.

NEIGHBORINO W H T S

During the year, preparatory work continued for the October 1961 diplomatic conference in Rome. The conference will be convened to draft the final text of an international treaty on the protection of performing artists, phonograph record makers, and broadcasting organizations.

The Neighboring Rights Panel, consisting of representatives of Government agencies and specialists in the various fields affected by the draft treaty, met on Aug- ust 26,1960, January 23,1961, and June 8, 1961. A smaller working group of the panel also met three times to consider in detail the draft convention, which was prepared in May 1960 by a committee of ex- perts, and ' which was described in last year's report. The meetings were help- ful in serving as a forum for the exchange of ideas on the draft convention and in proposing alternative positions for government consideration.

Respectfully submitted, ABRAHAM L. KAMINSTEIN

Register of Copyrights November 9, 1961

10 REPORT O F T H E REGISTER O F COPYRIGHTS. 1 9 6 1

Registration by Subject Matter Classes for the Fiscal Years 1957-61

Statement of Gross Cash Receipts. Yearly Fees. Number of Registrations. etc., for the Fiscal Years 1957-61

Class

A

B

C D

E F G H I

Subject matter of copyright

Books: (a) Manufactured in the United States:

Books, pamphlets, leaflets, etc . . . (b) Manufactured abroad (except those

registered for ad interim copyright) ..........................

(c) English-language books registered I for ad interim copyright . . . . . . . . . .

Subtotal ..................... Periodicals (iues) .......................

(BB) Contributions to newspapers and periodicals ....................

Lectures, sznnons, addresses ............... Dramatic or dramatico-musical composi-

tions ................................. - Musical compositions ....................

Maps .................................. Works of art, models, or designs ........... Reproductions of works of art . . . . '. ........ Drawings or plastic works of a scientific or

Fiscal year

1957 . . . . . . . . . . . . . . . . . . . 1958 . . . . . . . . . . . . . . . . . . . 1959 . . . . . . . . . . . . . . . . . . . 1960 . . . . . . . . . . . . . . . . . . . 1961 . . . . . . . . . . . . . . . . . . .

Total . . . . . . . . . . . .

1957

48, 811

2, 915

1.777

53, 503 59, 724

3, 214 1, 003

2, 764 59, 614 2, 084 4, 557

914

J K

L M R

699 964

3, 409 8, 687 1, 967 1, 231

21, 473 - . 225, 807

technical character ..................... Photographs ............................ Prints and ictorial illustrations ............

. . . . (KK) &mmcrcial prints and labels ................ Motion-picture photoplays

Motion ictures not photoplays ............ .................... ~ e n c w a e of all classes

Total . . . . . . . . . . . . .. . . . . . . . . . . . . . . .

Gross receipts

$938,408.70 992,865.59

1,030,099.70 1,033,563.55 1,078,991.90

5,073,929 . 44

1958

53, 275

2, 937

1, 030

57, 242 60, 691

3, 355 852

2, 754 66, 515

1, 614 5, 019 1, 044

Yearly fees applied

$892,612.50 945,231.50 979,941 . 50 974,113.03

1,009,679.04

4,801,577 . 57

Number of registrations

225, 807 238, 935 241, 735 243, 926 247, 014

. 1,197, 417

683 1, 037 3, 413 8, 924 2, 451

748 22, 593 - 238, 935

Increases in registrations

...... 899

13, 128 2, 800 2, 191 3, 088

. . . . . . . . . . . . . . . .

1961

57, 794

3, 819

802

62, 415 66, 251

3, 398 1, 029

2, 762 65, 500 2, 010 5, 557 3, 255

1959 .....

51, 835

3, 549

583 ----- 55, 967 62, 246

3, 042 829

2, 669 70, 707

1, 865 4, 593 1, 184

705 765

2, 955 7, 564 3, 089 1, 565

18, 194 -.. 247, 014

1960

55, 713

3, 740

581

60, 034 64, 204

3, 306 835

2, 445 65, 558

1, 812 5, 271 2. 516

663 741

3, 186 8, 786 2, 757

967 21, 533 .- 241, 735

768 842

3, 343 8, 142 2, 755

702 21, 393

243, 926

REPORT OF T H E REGISTER OF COPYRIGHTS, 1 9 6 1

Number of Articles Deposited During the Fiscal Years 1957-61

Class

B

C D E F G H I

4 L M

Subject matter of copyright

Books: (a) Manufactured in the United States:

Books, pamphlets, leaflets, etc.. . (b) Manufactured abroad (except those

registered for ad interim copyright. (c) English-language books registered for

ad interim copyright. . . . . . . . . . . . Subtotal. . . . . . . . . . . . . . . . . . . .

Periodicals (issues). . . . . . . . . . . . . . . . . . . . . . . (BB) Contributions to newspapers and

periodicals.. . . . . . . . . . . . . . . . . . . . . . . . Lectures, sermons, etc.. . . . . . . . . . . . . . . . . . . Dramatic or dramatico-musical compositione. Musical compositions. . . . . . . . . . . . . . . . . . . . . Maps.. . . . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . Works of art, models, or designs.. . . . . . . . . . . Reproductions of works of art. . . . . . . . . . . . . . Drawings or plastic works of a scientific or

technical character. . . . . . . . . . . . . . . . . . . . . Photographs ............................ Prints, labels, and pictorial illustrations. . . . . Motion-picture photoplays. . . . . . . . . . . . . . . . Motion pictures not photoplays. . . . . . . . . . . .

Total.. . . . . . . . . . . . . . . . . . . . . . . . . . . .

1961

115,588

6,698

979

123,265 132,410

3,398 1,029 3, 203

83,723 4,020 9, 599 6,502

1,062 1,156

21,038 6,162 2, 959

399,526

1957

97,622

5,326

3,028

105,976 119,390

3,214 1,003 3,260

76,825 4,167 7,520 1,814

1,111 1,647

24,188 3,933 2,215

356,263

1958

106,550

5, 404

1,689

113,643 121,362

3,355 852

3,212 84,445 3,228 8,861 2,076

1,099 1,547

24,667 4,897 1,364

374,608

1959 ------

103,670

6, 262

822 ----- 110,754 124,426

3,042 829

3, 125 88,833

3,728 7,775 2,258

946 1,183

23,939 5,502 1,657 -----

377,997

1960

111,426

6, 549

786

118,761 128,328

3,306 835

2, 840 83,005 3,621 9,273 4, 996

1,118 1,355

22,965 5,498 1,271

387,172

12 REPORT OF T H E REGISTER OF COPYRIGHTS. 1 9 6 1 SUMMARY O F COPYRIGHT BUSINESS. FISCAL YEAR 1961

Balance on hand July 1. 1960 ................................... Gross receipts July 1. 1960 to June 30. 196 1 ......................

Total to be accounted for ................................. . Refunded ...................................................... $42.173

Checks returned unpaid ......................................... 1.401 . . Deposited as earned fees ........................................ 1.012. 231

Balance carried over to July 1. 1961: Fees earned in June. 1961. but not deposited

until July. 1961 ............................ $84.590.80 Unfinished business balance ................... 23.939.90 Deposit accounts balance ...................... 114.990.62 Card Service ................................. 2.722 . 80

............................... Registrations for prints and labels Registrations for pub . domestic works ............................ Registrations for pub . foreign works .............................. Registrations for unpublished works .............................. Registrations for renewals .......................................

Total number of registrations'. .......................... ............................................ Fees for registrations ................................... Fees for recording assignments Fees for indexing transfers of proprietorship ...................... Fees for notices of user recorded ................................ Fees for certified documents ..................................... Fees for searches made .......................................... ................................................... Card Service

Total fees earned ........................................ Excludes 10. 616 registrations made u n d a Public Law 84 .

R E P O R T O F T H E R E G I S T E R O F C O P Y R I G H T S , 1 9 6 1

j .

Copyright Office

COPYRIGHT LAW OF THE UNITED STATES OF AMERICA (Title 17. United States Code), Bulletin No. 14. This is a pamphlet edition of the copyright law. including the REGULATIONS OF THE COPYRIGHT OFFICE (Code of Federal Regulations, Title 37, ch. 11). 68 pages, 1960, paper, 25 cents.

Order from the Superintendent of Documents, U.S. Government Printing Office, Washing-

Free publimtims wbicb may be obtained f iom tbe Copyright Ofice

THE COPYRIGHT OFFICE OF THE UNITED STATES OF AMERICA: What it is, and what it does. A description of the functions of the Copyright Office with added section on notable dates in American copyright and brief answm to common questions about copyright.

REGULATIONS OF THE COPYRIGHT OFFICE (Code of Federal Regulations, Title 37, ch. 11) Circular 96.

RELATED CODE PROVISIONS. A list of some provisions in the United States Code and the Code of Federal Regulations dealing with or related to copyright (exclusive of 17 U.S.C. and 37 CFR, ch. 11). Compiled by Marjorie McGnnon. Circular 86.

ANNUAL REPORT OF THE REGISTER OF COPYRIGHTS. Copies are available for each fiscal year, beginning with 1955.

GENERAL INFORMATION ON COPYRIGHT. Circular 35.

14 REPORT OF T H E REGISTER OF COPYRIGHTS, 1 9 6 1

Cirnrlars on specific copyright subjecrs arc also available. These include:

No. 3 The copyright notice No. 36H Public domain 5 Notice of use of music 37 Copyright protection abroad 6 Television prognms 42 Periodicals 7 Motion pictures 43 Contributions to periodicab

10 Assignments 44 Copyright fees 15 Renewal 46 Commercial prints and labels 16 Books 51 Uloreognph~c works 16C Looseleaf material 54 Audio-visual material 16D Letters. diaries, etc. 55 Cartoow and comic strips 17 G m s 58 Musical compositions 19 Names .and titles 66 Synopses, formats, outlines 19.4 Changes of title 67 Song lyrics 20 Fair use 69 Ad Interim copyri ht 22 Copyright searches UCC-1 Universal Copyrigat Conven- 25 Deposit accounts tion-U.S. works 30A Penalty mail UCC-2 Universal Copyright Conwnr 31 Ideas, dc. tion-Forergn works 32 Blank forms, dc. ICR-1 U.S. copyright relations of 358 New vcrsionr, ctc. current interest

BIBLIOGRAPHY ON DESIGN PROTECTION. Com- piled by Barbara A. Ringer. Sane 264 books. articles, and documents are summarized under various headings. 70 pages. 1955.

BIBLIOGRAPHY O N DESIGN PROTECTION. SUPPLE- MENT 1959. Compiled by William Strauss. Borge Varrner. and G ~ t h e r s Berger under the editorial super. vision of William Strauss m d Barbara A. Ringer. The t h m parts of the supplement deal with books and articles (including a number of rccrnt foreign language ma. terials), bills introduced in Congress. and court decisions. I60 paga. 1959.

BIBLIOGRAPHY O N NEIGHBORING RIGHTS ("Droits Voisins") : Protection of performen, producerr of sound recordings. and broadclrting organizations. Compiled and edited by William Straw. Contains documents, books. articles, and a list of authors. 31 p g a . 1955.

COPYRIGHT BIBLIOGRAPHY. By Henridte Mem. Contains English and foreign sections. Authors and titla are listed alphabetically, but no attempt hu been made to break it down to a subject approach. 21 3 p a g a 1950.

Microfilm which may be obtained from the Library of Congress Pbo~oduplication Service

A COMPILATION OF THE REGULATIONS CONCERNING COPY- RIGHT 1874-1956. The regulations affecting copyright since the duties of registering copyright claims were fint transferred to the Library of Congress, price $6.50.

able ro Tlu Chief. Ph

REPORT OF THE REGISTER OF COPYRIGHTS, 19 6 1 15

Priced Copyright Ofice publications which may be obtainedfiom Govemmmt Printing Ofice

Orders for all the publications listed below should be addressed and remittances made payable to the Superintendent of Documents, U.S. Government Printing OAce. Washington 25, D.C.

CATALOG OF COPYRIGHT ENTRIES. Paper. Each part of the catdog is published in semiannual numbers containing the claim of copyright registered during the' periods January-June and July-December. The prices given below are for the year. Semiannual numbers are available at one-half the a ~ l u l price.

Part I-Books and Pamphlets lncludin~ Serials and bntributiom to Periodicah ...... $1.00 Part 2-Periodinls .................................................................................. 2.00 Pam 34-Dnmu and Works Prepared for On1 Deliveq ............................... 2.00 Part 5dlusic .................................................................................. 7.00 Part &Maps md Atlases ................. ... ................................................. 1.00 Parts 7-1 1A-Works of - An. Reproductions of Works of A& Scieatihc and

Technical Drawing, Pholo@aphic W o h . Prints and Pictorial Illushtionr ...... 2.00 Rrt I 1 ffimmercial Prints and Labels ...................................................... 2.00 Pam 12-13-Motion Pi- and Filmstrips .............................................. 1.00

Annual Sukipcion Price. all p m ......................................................... 20.00

Catolog of Copyright Entries, Cumulative Series MOTION PICTURES 1894-1912. Identified from the records of the

United States Copyright OAce by Howard h r r Walls. 92 pager. 1953. Budmm, $2.00.

MOTION PICTURES 1912-1939. Works registered in the Copyright Office in Classes L and M. 1.256 pages. 1951. Budtnm. $18.00.

MOTlON PICTURES 1940-1949. Another decade of works r e g ~ s t e d in Classes Land M. 998 pages. 1953. Buckram. $10.00.

MOTlON PlCrURES 1950-1959. Films of the Fifties registered in Classes L and M. 504 pages. Buckram. $10.00.

These four volumes list a total of nearly one hundred thousand motion pictures pro~luced since the beginning of thcmotion picture industry.

DRAMATIC COMPOSITIONS COPYRIGHTED IN t i t la alphabetically arranged with complete index to THE UNITED STATES, 1870-1916. Two volumes. authors, translators, copyright proprietors, etc. 3,547 pages. 1918. Cloth. price $4.00. Over @,OOO

16 REPORT OF T H E REGISTER OF COPYRIGHTS, 1961

COPYRIGHT LAW REVISION. Studies prepared for the Subcommittee on Patents. Trademarks, and Copy- rights of the Committee on the Judiciary. U.S. Senate. Committee prints published by the Senate Committee. the preparation of which was supervised by the Copyright Office. First committee print; Studies 1-4:

1. The History of U.S.A. Copyright Law Revision from 1901 to 1954

2. Size of the Copyright Industries 3. The Meaning of "Writings" in the Copyright

Clause of the Constitution 4. The Moral Right of the Author.

142 pages, 1960.40 cents. - - Second committee print; Studies 5 and 6:

5. The Compulsory License provisions of the U.S. Copyright Law

6. The Economic Aspects of the Compulsory License. 125 pages. 1960.35 cents. Third committee print; Studies 7-10:

7. Notice of Copyright 8. Commercial Use of the Copyright Notice 9. Use of the Copyright Notice by Libraries

10. Falx Use of Copyright Notice. 125 pages, 1960.35 cents. Fourth committee print; Studies 11-13:

11. Divisibility of Copyrights 12. Joint Ownership of Copyrights 13. Works Made for Hire and on Commission.

155 pages, 1%0,45 cents. Fifth committee print ; Studies 14-16:

14. Fair Use of Copyrighted Works 15. Photoduplication of Copyrighted Material by

Libtaries 16. Limitations on Performing Rights.

135 pages, 1960,35 cents. sixth committee print; Studies 17-19:

17. The Registration of Copyright 18. Authority of the Register of Copyrights to Reject

Appliations for Registration 19. The Recordation of Copyright Assignments and

Licenses. 135 pages, 1960.40 cents. Seventh committee print; Studies 20 and 21:

20. Deposit of Copyrighted Works 21. The Catalog of Copyright' Entries.

81 pages, 1960.25 cents. Eighth committee print; Studies 22-25:

22. The Damage Provisions of the Copyright k w 23. The Operation of the Damage Provisions of the

Copyright Law: An Exploratory Study 24. Remedies Other Than Damages for Copyright In.

fringement

Bulletins

DECISIONS OF THE UNITED STATES COURTS IN- VOLVING COPYRIGHT. The series contains substan- tially all copyright cases, as well as many involving related subjects which have been decided by the Federal and State courts. Cloth.

1909-14 (Bull. No. 17) $1.75 1944-46 (Bull. No. 25) $1.50 1914-17 (Bull. No. 18) 2.50 1947-48 (Bull. No. 26) 1.75 1918-24 (Bull. No. 19) 2.50 1949-50 (Bull. No. 27) 2.00 1924-35 (Bull. No. 20) 3.75 1951-52 (Bull. No. 28) 2.50

'1935-37 (Bull. No. 21) .7S 1953-54 (Bull. No. 29) 2.25 1938-39 (Bull. No. 22) 2.00 1955-56 (Bull. No. 30) 2.75 193940 (Bull. No. 23) 2.25 1957-58 (Bull. No. 31 ) 2.75 1941-43 (Bull. No. 24) 2.75 1959-60 (Bull. No. 32) 3.00

Cumulative Index, 190e1954 (Bulletins 17-29) $1.75 Complete set. including Index $38.50.

Prires me snbjec; to rbrcnge.

25. Liabilityof Innocent Infringers of Copyright. 169 pages, 1960,45 cents.

Ninth committee print ; Studies 26-28 : 26. The Unauthorized Duplication of Sound Recordl

ings 27. Copyright in Architectural Works 28. Copyright in Choreographic Works.

116 pages, 1961, 35 cents.

Tenth committee print; Studies 29-31: 29. Protection of Unpublished Works 30. Duration of Copyright 31. Renewal of Copyright.

237 pages, 1961, 60 cents.

Eleventh committee print; Studies 32-34: 32. Protection of Works of Foreign Origin 33. Copyright in Government Publications 34. Copyright in Territories and Possessions ef the

United States. 57 pages, 1961.25 cents.

.Subject Index to Studies 1-34. 38 pages. 1961, 15 cents.

REPORT OF THE REGISTER OF COPYRIGHTS ON THE GENERAL REVISION OF THE U.S. COPYRIGHT LAW. Copyright Law Revision, House Committee Print. 160 pages, July 1961, 45 cents.

U 5 GOVCfiNYENT PRINTING O F T I C E : UP62

COPYRIGHT OFFICE THE LIBRARY OF CONGRESS

WMHINOTON 25, D. C. OPPICB 01 THE

REGISTER OP COPYRIGHTS

It is wlth sadheas tha t we announce the death, on November 12, 1960, of Arthur Fisher, Wilted States Register of Copyrights. Mr. Fisher died of a h leukemia a t the Oeozgetown Univarsity Hospibl in Washington, D. C.

M r . fisher joined. the etaff of the Library of Congress i n 1946 a8 ~ s s o c i a t e Register of C w t s .ad became Register of ~op*gbts inF19R. Previously he had practiced and taught law, e s t e d a newepaper, and eerved in Government posts In World Wars I and 11. He was a graduate of Harverd Colle- (A.B., 1915, magna cum l a w ) and of the Harvard Law School (L.L.B., 1920).

An authority i n international a8 well ae national copyfight law, Mr. Rbsher was deeply interested i n furthering the intemationaf protection of l i t e r a rg property, and he represented the United States wlth distinction i n a number of international copyright conferences, Hr. Flaher was active elm, both nationally and internationally, i n f i e lds clcsely related ta copyright, Including design protection and the r ights of performing artkste, broadcadarr and phonograph record producers.

It was during h i s term as Register tha t the Universal Copyright Con- vention came Into being and w a s r a t i f i ed by the United States. Mr. FTsher l ed the long anddetennined drive which made the United States an adherent, for the first time, of a world-wide copyright agreement.

The f ia l achievement of Mr . Flsherca distinguished camer was the plarniing f o r a revision of the present copyright law and the execution of a series of atudiee re-examining the law, These studies, prepared during the l a s t three years under Mr. Fisher's direction, have been referred to as the most encyclopedic work on copyrlght to date. h e y are now being published by the U. S. Senate Connittee on the Judiciary.

Born i n Chicago, Mr. Msher was the son of Walter L. Fisher, U. 8. Secretary of the Interior i n the cabinet (1911-1913) of Preeident Taft, and Mabel Taylor Fleber. He was 66 pears old a t tho tim of h i s death. '

.The Llbra r lm of Congress, L. Quincy Ehunford, has announced tha t effective ' luvder 12, 1960, Abralaam 1. Yaminstein, rho has served as Deputy Register and Chlef of the Examining Mvision, l a appointed Acting Register of Copyrights and ae such will perfom the fUl duties of the Regieter of Copyrigbtr.

COPYRIGHT OFFICE! THE LIBRARY OF CONGRESS

Wmnworo~ 25, D. C - --

-

ABRAAAM L. KAWNSTEIN NAMED OF COPPRIGHTS

- --

Abraham L. Kaminstein, who has served a s Acting Register of Copgrighte since the death of Arthur Fisher on November 12, 1960, has been appointed Register of Copyright8 - by L. Quincy Mumford, Librarian of Congress, effeotive

-

December 24, 1960.

M r . Kaminstein joined the s taf f of the Copyright Offioe on JuSp 31, 1947, a s Chief of the Examining Division, and for the paat year has held, i n addition, the post of Deputy Reglater of Copyrights .

Born i n New York City on Mryr 13, 191 2, M r . Ihhete in received h i s B. S. ?S. degree from the College of the City of New York i n 1932; In 1935 and 936, respectively, he r e c e i v ~ the I&. 8." and LL.,M. degrees from Harvard Law School, where he was a Reeearoh Fellow i n 1936-37.

M r . Kaminstein began h i s Government career in 1937 and served i n various legal capaoitiee with the National Labor Relations Board and-the Rural Electrification Administration.

M r . Kaminstein aesieted i n preparing the 9. S. pro- posals f o r the Universal Copyright Convention and was Adviser t o the 0. S. Delegation a t the Paris meet* i n 1951 a t whieh the preliminary draf t of the Convention was prepared. The Convention was signed i n 1952 and ra t i f i ed by the United Statee i n 1954.

M r . barninstein i e the author of Diviaibili tv of C o w ritzhts, one o f the etudiee made i n preparation fo r the proposed revision of the present copyright law, and he has also partial- pated aot ive ly ' in the general work of the Copyright Office i n preparing fnp revieion of the law.

M r . Kamlnstein i e a member of the New York bar, the American Bar Aseociation and the Federal Bar Aeeociation.